Enter your search here

ARTICLES

LEGAL RESOURSES

Exchange rate:

$ 18.67

    • ARTICLE 5C: CONCEPTS THAT SHOULD NOT BE INCLUDED IN THE CALCULATION OF THE PROPORTION OF THE CREDITABLE VALUE-ADDED TAX (VAT)

     

    To calculate the proportion referred to in articles 5, section V, subsections c) and d), numeral 3; 5-A, section I, subsections c) and d), section II, subsections c) and d), and 5-B of this Law (LIVA: Art. 5) (LIVA: Art. 5A) (LIVA: Art. 5B), the following concepts should not be included in the values referred to in these precepts: (RLIVA: Art. 17)

  • Imports of goods or services, even when they are temporary under the terms of the Customs Law (Ley Aduanera);

    •  

  • The transfer of their fixed assets and deferred expenses and charges referred to in article 32 of the Law on Income Tax (Ley del Impuesto sobre la Renta), as well as the disposal of the land, unless it is part of the taxpayer's current assets, even when done through certificates of real estate participation;

    •  

  • Dividends received in currency, in shares, in social shares or in credit securities, provided that in the latter case their transfer does not imply the transfer of ownership of a tangible asset or of the right to acquire it, unless it is a legal entity that receive income predominantly for this concept;

    •  

  • The alienation of shares or social parties, documents pending collection and credit titles, provided that their transfer does not imply the transfer of ownership of a tangible asset or the right to acquire it;

    •  

  • The alienation of national and foreign currency, as well as that of gold or silver pieces that would have had such character and that of pieces called "troy ounce";

    •  

  • The interest earned or the exchange gain (RLIVA: Art. 16);

    •  

  • The alienation made through financial leasing. In these cases, the value that must be excluded and will be the value of the asset that is the object of the transaction expressly stated in the respective contract;

    •  

  • The alienation of goods acquired by payment or judicial or fiduciary adjudication, provided that such dispositions are made by taxpayers who by legal provision cannot keep said goods in property, and

    •  

  • Those derived from derivative financial operations referred to in article 16-A of the Federal Fiscal Code (Código Fiscal de la Federación). (CFF: Art. 16A)

    •  

  • The alienation of non-amortizable real estate participation certificates referred to in the second paragraph of section VII of article 9 of this Law. (LIVA: Art. 9)

    •  

    Credit institutions, insurance and bail bonds, general warehouses of deposit, retirement fund managers, financial leasing companies, savings and loan companies, credit unions, financial factoring companies, brokerage firms, exchange houses, limited-purpose financial companies, multi-purpose financial companies that, for the purposes of income tax, are part of the financial system and companies for the deposit of securities, should not exclude the concepts indicated in sections IV, V, VI and IX that precede. (RLIVA: Art. 18)